What is it like to Work with a Louisiana Estate Planning Lawyer?
Hiring an estate planning attorney can be a daunting task for anyone, even for experienced lawyers like me. In this blog post, I go over what you can expect from working with a Louisiana estate planning lawyer - from start to finish.
Let’s talk about what to expect when working with an Estate Planning lawyer.
In the last couple of years, I hired a lawyer for some matters beyond the scope of my practice.
It was fascinating being on the other side of the legal curtain because it gave me insight into an experience not many people have on a regular basis.
I am grateful to know what it’s like to be both an attorney and a client. This experience got me thinking about those busy professionals who are considering hiring an estate planning attorney, but have no idea what to expect.
So, I’ve included some helpful tips for anyone looking to work with a lawyer on their estate plan. I practice in Louisiana, but this information can generally be applied to the process of working with estate planning lawyers in any state.
No information here is intended to be legal advice. It’s just general information that will hopefully help you finally get going on the estate planning you’ve been putting off for too long.
Remember: there is no one right way to do an estate plan.
There is no such thing as a perfect estate plan.
So, first things first: make sure the lawyer you hire isn’t making empty promises about predicting the future and making you do things that don’t feel right for you.
Your estate plan is yours.
Let’s get started.
Generally, when working with an estate planning lawyer you can expect some or all of the following steps:
Schedule Consultation
The Conflict Check
Organize all materials and information
Discuss and design your estate plan
Prepare the Estate Planning documents
Signing ceremony
Stay in touch
Every lawyer is going to bring their personality and experience to the table. So, this should just be viewed as a general guide. But, regardless of the steps involved, make sure to ask questions, keep yourself informed, and go with your gut.
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1. Schedule a consultation
A consultation will allow you to meet (or e-meet) your lawyer and start getting to know them.
You have to make sure that your lawyer is someone you feel comfortable with, someone you want to share things with. You have to trust and put confidence in this person and probably for a longer length of time.
Especially with Estate Planning, you’ll be sharing personal information and relying on them to help you through frustrations and learn new skills.
To schedule a consultation, many lawyers have automated scheduling systems like Acuity or Calendly.
I use Calendly.
So, you can simply schedule a strategy session, pick a time that’s best for you, and you’re all set.
Before the initial meeting, it’s important to organize your ideas, questions, and related materials.
My rule of thumb is that It is better to be over-prepared for this first meeting than under.
It’s vital that if you are going to pay for an initial meeting, you do your homework ahead of time. It’s helpful to look at the lawyer's social media, website, and reviews to get a sense of their personality and business practices.
You can check out my Estate Planning strategy session info page here, to learn specifics before you sign up for anything.
Upon booking a strategy session with me, I send you an intake form that walks you through the materials and information you’ll need to organize and have ready prior to our meeting.
You might be surprised how much we can accomplish in 60 minutes. I do everything I can to help you prepare so that the strategy session is a highly productive meeting.
Once you’re on the call, you’ll want to make sure to ask questions like these:
What type of experience do you have helping people like me?
What is it like to work with you?
What is your pricing structure?
Let’s say you’re working with a personal injury attorney, the lawyer will work on a contingency fee basis.
A contingency fee just means that the lawyer doesn't get paid unless you get paid. For most of my Estate Planning services, I charge a flat price. Although there are some services where an hourly rate is more appropriate.
Check out my pricing structure for estate plan design. Once we’ve met for a strategy session and discussed the details of your case, I’ll be able to give a personalized fee structure for our collaboration.
I want to make sure all potential clients know exactly what they’ll be paying before we start working together.
Bottom line: trust your gut when it comes to these initial consultations. It’s important that you feel comfortable and trust the lawyer you’re about to hire.
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“Hey Addie, why don’t you offer a free consultation?”
That’s a good question!
Here’s the truth: typically free consultations are 15-20 minutes. When it comes to estate planning, I found that these meetings weren’t long enough to inform my potential clients of the process ahead.
There is a lot of information that goes into creating a quality estate plan, and 15 minutes just doesn’t give anyone the opportunity to know the best path forward - with or without a lawyer.
When you book a strategy session with me, you are under no obligation to become a client and go through an entire estate planning process.
In fact, at the end of that strategy session, you’ll have a much deeper understanding of Louisiana estate planning and what you need to do to complete yours. You might need to work with a lawyer or you might find that you can handle the rest of it yourself. Either way, you are informed and empowered to make decisions that are right for you.
So far, these strategy sessions have provided potential clients with more of what they need and less BS.
2. The Conflict Check
Okay, so you’ve decided on a great attorney.
You’ve asked all the right questions and you feel good about this person’s ability to help you out through your situation. Now, it’s time to do the conflict check. This just means that you get everything out on the table, to make sure there’s no conflict of interest. In the Estate Planning process, this could mean:
If spouses are seeking services:
Each spouse knows they’re being represented together.
All information will be shared with all parties involved (each spouse and attorney).
Nothing is going to be kept from anyone during the process (all info about financial assets, debts, and properties will be shared with all parties).
If a child is bringing parents in:
It will be made clear who the client is (the parent or parents).
It will be made clear where all billing should be sent (to parent or child).
All parties involved are aware of the Estate Planning process.
Once these specifics have been discussed and agreed upon, your attorney will send some sort of agreement or engagement letter. This letter will lay out everybody’s mutual agreements, obligations, payment structure, what you can expect from the lawyer and when, and what they can expect from you within that timeline.
During this process, make sure to read all materials thoroughly and never hesitate to ask any questions you have.
It’s very important that this step be as clear as possible for everyone involved.
I make sure that my engagement letter is as reader-friendly as possible because I know this can be a stressful stage in working with a new lawyer. I’ll invest the time to confirm that everyone feels comfortable before moving on to the next phase.
I encourage my clients to ask questions and I’ll make adjustments if needed.
3. Organize all materials and information
So, you’ve officially secured an estate planning lawyer!
During this next phase, the lawyer will be gathering all information they need to work on your case.
In the Estate Planning process, I’ll ask need-to-know things like:
Do you have property? Where is it? Do you have all the ownership documents?
Do you have debt? Where is it? How much? Do you have all the appropriate documentation?
Family histories like children, spouses, ex-spouses, and extended family. Do you have dependents? Do you have children under the age of 18?
It can vary from client to client, but generally, folks looking to make an estate plan can count on needing some, if not all, of the following documents:
Last will and testament
Living trust
Beneficiary designations
Advance healthcare directive/healthcare power of attorney
Financial power of attorney
Insurance policies (health, life, car, home, etc.)
Proof of identity (social security card, prenup agreement, birth/marriage/divorce certificates, etc)
Titles and property deeds (car, home, boat, rental property)
Digital logins and passwords (yes, all of them)
Funerary instructions
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It’s okay if you didn't have every bit of this information available during your initial consultation.
But, at this stage, you’re going to want to give thoroughly detailed information to your lawyer. You can save a lot of time (and money) by being prepared upfront, so make sure to gather these materials as best you can and as early as you can.
4. Discuss and Design your Estate Plan
Once the information is gathered, your lawyer will have the opportunity to look it over and prepare themselves for your case.
With my Estate Planning practice, I’ll take a look at all your information, ask you the questions I need, then schedule a face-to-face meeting where we can collaborate and design your estate plan.
Whether in person or over a video call, this meeting gives us the opportunity to do the following:
Discuss goals and prioritize them.
We’ll talk about different options to achieve your goals.
You can ask questions as they come up.
Start laying out the plan that’s best for you.
We’ll also probably discuss specifics like:
Whether trusts are necessary or desired
Executors
Trustees
Agents for powers of attorney (healthcare and financial)
This is when we collaborate to create the exact estate plan you need.
We can build your legacy, and ensure as much security for future generations as possible. I’ll go over different scenarios based on the planning goals we discussed earlier in the process.
I’m here to answer your questions, so be sure to ask them. Get in touch with me here, if you’d like to talk specifics.
Plan Today for Peace of Mind Tomorrow
5. Prepare the Estate Planning Documents
At this point in the process, we’ve discussed all aspects of your estate plan at length.
We’ve taken a deep dive into your specific situation and prioritized your goals. I will take that information and draw up the official legal documents that make up your estate plan.
At this time, I’ll typically put together a tutorial video for you, so you can familiarize yourself with each document and keep the recorded information for your records.
You’ll review the video, ask questions or make comments. If needed, the documents will be updated to be reviewed again.
Once the documents are ready to go, we’ll sign them to make them official and binding.
6. Signing Ceremony
You’ve reviewed all the documents, you’ve asked all the questions, and now you’re confident in putting pen to paper.
In Louisiana, the signing ceremony requires the presence of a notary (typically your estate planning attorney), two witnesses, and the client(s) to all be in the same room to sign the documents.
Once the documents are notarized, I create PDF files and give the original Estate Planning documents to you.
I will suggest how to keep up with the files and best practices for storing them long-term.
Here in Louisiana, it’s always good to incorporate inevitables like hurricanes, evacuations, and flooding into your long-term storage plan.
I recommend a fire-proof/waterproof storage device that’s secured and easily accessible.
It’s always a good time to plan for your family’s future.
7. Let’s stay in touch
In the last year, I’ve hired an attorney to take care of a case that was outside of my scope of expertise. They did a great job, but I felt like once our engagement ended, so did our relationship. It was hard to get in touch with this lawyer once the final paperwork was signed. I just kept thinking, “what happens if this type of issue comes up again? Who will I call?”
It made me think of my own practice and how different I want my clients to feel, even after our initial Estate Planning work is over.
It’s important to me that my clients stay in touch. I want to see them, talk to them, and correspond with them. I hope they come to me when updates are needed and that they recommend me to their friends and family who are looking to create their own estate plans.
If you’re going to go through this process of hiring a lawyer and gathering all the materials and information, you might as well feel invested in a good, long-term legal relationship and have someone to go to when updates are needed or other issues arise.
Happy Planning!
Take Care,
Addie
Are you ready to create an estate plan that’s right for you?
FAQ
Q: Why don’t you offer a free consultation?
A: That’s a good question!
Here’s the truth: typically free consultations are 15-20 minutes. When it comes to estate planning, I found that these meetings weren’t long enough to inform my potential clients of the process ahead.
There is a lot of information that goes into creating a quality estate plan, and 15 minutes just doesn’t give anyone the opportunity to know the best path forward - with or without a lawyer.
When you book a strategy session with me, you are under no obligation to become a client and go through an entire estate planning process.
In fact, at the end of that strategy session, you’ll have a much deeper understanding of Louisiana estate planning and what you need to do to complete yours. You might need to work with a lawyer or you might find that you can handle the rest of it yourself. Either way, you are informed and empowered to make decisions that are right for you.
So far, these strategy sessions have provided potential clients with more of what they need and less BS.
Q: Will leaving a Google review really help Addie Prewitt Law?
A: Yes! Google reviews satisfy the algorithm and give others searching for an estate planning lawyer better insight into working with Addie Prewitt Law. If you want to leave a Google review, it would be a huge support to the online presence of Addie Prewitt Law. If you want to leave a Google review, you can do so here!
Q: Which documents will I likely need to create a complete estate plan?
A: It can vary from client to client, but generally, folks looking to make an estate plan can count on needing some, if not all, of the following documents:
Last will and testament
Living trust
Beneficiary designations
Financial power of attorney
Advance healthcare directive/healthcare power of attorney
Insurance policies (health, life, car, home, etc.)
Titles and property deeds (car, home, boat, rental property)
Proof of identity (social security card, prenup agreement, birth/marriage/divorce certificates, etc)
Digital logins and passwords (yes, all of them)
Funerary instructions (although I believe these should be given directly to your loved ones prior to your death.)
It’s important to me to make Louisiana estate planning as simple as possible.
You can create a last will and testament, sign a power of attorney, and even write down your final wishes. But, if you don’t approach your estate plan with a big picture strategy, you might just miss the mark when it comes to creating the best estate plan for you and your family.
The first step of any estate plan is knowing you have to put one in place. So, since you’re here, you’ve already done the first (and probably the most important) step.